CALIFORNIA
VOTERS KEEP MINOR PARTIES ON THE BALLOT, BUT WASHINGTON VOTERS THROW THEM
OFF

On November 2, 2004,
54.0% of California voters rejected Prop. 62, which would have eliminated
minor party members from the November ballot, in congressional and state elections.
Also, California voters overwhelmingly passed Prop. 60, which improves ballot
access for minor parties (see separate article).

Unfortunately, 59.8%
of Washington state voters supported I-872, which removes minor party members
from the November ballot, for all partisan office in the state except president.

I-872 in Washington,
and Prop. 62 in California were very similar. They both said that all candidates
run on a single primary ballot, and that all primary voters receive that same
ballot. Then, only the top two vote-getters could appear on the November ballot.
Based on past primary election data from blanket primary states, we know that
this system gives only Democrats and Republicans a realistic chance to qualify
for the November ballot.

In Washington, the legislature
is free to revise or repeal initiatives passed by the voters. Since I-872
is internally contradictory, to the point of being unworkable, it is virtually
certain that the 2005 legislative session will revise it. No one knows how
it will be revised. Under the new law, on the one hand Washington state permits
the statewide nominees of unqualified parties to qualify directly for the
November ballot, with a petition of 1,000 signatures. On the other hand, the
new initiative says that no one can get on the November ballot unless they
place first or second in the September primary.

Washington voters didnít
think about the fact that I-872 keeps minor party members off the November
ballot (for all office except president).

The campaign for I-872
never mentioned minor parties. Instead, it told voters that I-872 would virtually
restore the old blanket primary, which was in effect 1934-2002 and which did
not keep minor party nominees off the November ballot. The web site for the
"yes" on I-872 even had the address blanketprimary.com.
The old blanket primary put the top vote-getter from each party on the November
ballot. The 9th circuit invalidated it, in September 2003. The
legislature then created a classic open primary. In response, supporters of
the old blanket primary put an initiative, I-872, on the ballot, to eliminate
the open primary and impose the unfriendly "top-two" system.

The victory against Prop.
62 in California was a major triumph for that statesís minor parties. Prop.
62 was supported by Governor Arnold Schwarzenegger and four of the five largest
newspapers in the state. The Pro-62 campaign received over $4,000,000 (mostly
in contributions from a handful of wealthy businesses), whereas the campaign
against it only raised $1,000,000. The Democratic and Republican Parties campaigned
hard against Prop. 62, and the minor parties helped with that campaign. Minor
party activists appeared at press conferences around the state against Prop.
62, helped with the ad campaign against Prop. 62, participated in editorial
board meetings, and got the word out to their own members to vote "no"
on 62.

8
MINOR PARTY WINS FOR LEGISLATURE

The Vermont Progressive
Party won six seats in the Vermont House, the highest number of seats any
minor party has won in any stateís legislature since 1944, when the Wisconsin
Progressive Party elected more than that. See ProgressiveParty.org
for more information.

The Constitution Party
elected its first state legislator, Rick Jore, in Montana. The vote was Constitution
1,559; Democratic 1,557; Republican 1,108. Jore won with only 36.9% of the
total vote.

The Green Party re-elected
its Maine state legislator, John Eder, even though his district had been abolished
in 2003 and he was forced to move. Voter sympathy for his plight actually
helped him to defeat his Democratic opponent.

CALIFORNIA
PROP. 60

California voters passed
Prop. 60 by 67.5% on November 2. It adds this sentence to the state Constitution:
"A political party that participated in a primary election for a partisan
office has the right to participate in the general election for that office
and shall not be denied the ability to place on the general election ballot
the candidate who received, at the primary election, the highest vote among
that partyís candidates."

Since 1926, California
has barred anyone from winning the nomination of a party (at the primary)
by write-in votes, unless the write-in candidate polled a specified minimum
number of write-ins. This law, sec. 8605, currently requires about 100,000
write-ins for statewide office, 2,500 for State Senate, 2,000 for U.S. House,
and 1,300 for Assembly.

Prop. 60, part of the
state Constitution, clearly overrides sec. 8605, which is a mere statute.
Therefore, it will now be easier for members of all political parties, especially
minor parties, to nominate candidates by write-in votes at primaries. Californiaís
Secretary of State is expected to prepare a legal opinion on the status of
sec. 8605.

On November 17, the U.S.
Court of Appeals, 2nd circuit, affirmed a 2003 decision of a U.S.
District Court in Green Party of New York v State Board of Elections, no.
03-7679. That decision granted an injunction, requiring the state to let voters
register as members of parties that are not qualified parties. The ruling
applies to any group that put statewide nominees on the November election
at the most recent election. The ruling so far has helped the Green and Libertarian
Parties, although the Socialist Workers Party is now also eligible. The decision
also says the state must make the list available to those parties.

The Brennan Center for
Justice, which handled the lawsuit, hopes to sue Iowa on the same issue. However,
technically, the New York case isnít over; declaratory judgment still hasnít
been obtained. Iowa is the only state in the nation in which a voter may register
as a Republican or as a Democrat, but may not register in any other party.

SAN
DIEGO WRITE-INS

On November 2, Donna
Frye, a write-in candidate for Mayor of San Diego (one of the 7 largest cities
in the U.S.) polled at least 155,454 votes. Her ballot-listed opponents were
incumbent Mayor Dick Murphy, who got 157,938; and another city councilmember,
Ron Roberts, who got 141,874.

The city did not count
write-ins for Frye if the voter did not "x" the box next to the
name written in. The League of Women Voters sued the city to force it to count
those votes, but a retired State Court judge from Tulare County refused to
give any relief. League of Women Voters v McPherson, GIC 838890. The
League wonít appeal, but Frye (real party in interest) has the right to appeal,
and she still may.

Unfortunately, on November
29, the U.S. Supreme Court refused to hear the same issue in Terry Baumís
case, Baum v Superior Court, no. 04-416.

GOOD
BILLS COMING

Alaska: the Elections
office will ask the legislature to pass a procedure for independent presidential
candidates. In 1974 the U.S. Supreme Court said states must have such procedures,
but Alaska and Arkansas still donít have any, for president.

Arkansas: the
ACLU will ask the Secretary of State to help repeal the law that makes it
illegal for parties to circulate petitions in odd years. The ACLU won a lawsuit
against Arkansas in 2001 on this subject, but the law has never been changed.

California: it
is likely that the legislature will repeal the law that requires write-in
voters to also "x" the box, next to the name written in.

Georgia: minor
party activists will again seek ballot access improvements from the legislature,
which now has a Republican majority for the first time since the 19th
century. Contact Hugh Esco at 404-806-0480
or Walker Chandler.

Massachusetts:
activists will ask the legislature to re-define "party", so that
it is a group that has met the vote test at either of the last two elections.
Such a bill would restore the Green and Libertarian Parties. Contact David
Hudson at 508-481-8863.

Ohio: activists
have accepted an invitation from the Secretary of State to suggest improvements
in ballot access laws. Contact Robert Butler,
800-669-6542.

Oregon: activists
will ask the legislature to restore the write-in declaration of candidacy
procedures that were repealed in 1995. Contact Walt Brown (Socialist presidential
candidate, whose own write-in vote for himself will never be counted under
Oregonís current law), 503-636-4150, or Greg
Kafoury.

South Dakota:
the Secretary of State will ask the legislature to amend the definition of
"party" to include a group that has at least 1,000 registered members.
Current law requires them to poll 2.5% for Governor.

Tennessee: activists
will ask the legislature to permit partisan labels for candidates who use
the independent candidate procedure. Contact Steve
Trinward, 615-424-7740.

Texas: activists
will ask for a lower number of signatures, a later deadline, and an end to
the "primary screenout." Rock
Howard, 512-458-9675.

Vermont: the Secretary
of State will ask the legislature for a declaration of write-in candidacy
procedure.

LIBERTARIAN
OKLAHOMA CASE

The Oklahoma Libertarian
Party case will be heard in the U.S. Supreme Court on January 19. Clingman
v Beaver, 04-37. The issue is whether a party has a right to invite all
registered voters into its primary. The lower court ruled that the Freedom
of Association clause protects a partyís right to do this. The state appealed
to the U.S. Supreme Court, arguing that if the Libertarian Party does this,
the major parties will be injured.

The states of South Dakota,
Maryland, Massachusetts, New Hampshire, New Mexico, North Carolina, West Virginia
and Utah have filed an amicus brief against the Libertarian Party.
The party hopes that the Reform Institute will file an amicus on its
side. The Reform Institute, of Alexandria, Virginia, was founded by U.S. Senator
John McCain, and it has intervened in other court cases in support of open
primaries. Ironically, it intervened against the Arizona Libertarians when
they were trying to close their primary.

COBB-BADNARIK
RECOUNT REQUESTS

David Cobb and Michael
Badnarik have been winning as much publicity since the election as they enjoyed
before the election. This is due to their requests to recount the presidential
votes in Ohio, Nevada and New Mexico. On November 30, the Kerry campaign intervened
in court to help in the legal battle to save the Ohio recount request.

Florida has 24 qualified
minor parties, most of which have never run any candidates for any office.

2004
PRESIDENTIAL VOTE

Bush

Kerry

Nader

Badnarik

Peroutka

Cobb

S.W.P.

Brown

Vanauken

Alabama

1,176,394

693,933

6,701

3,512

1,994

?

?

?

?

Alaska

190,889

111,025

5,069

1,675

2,092

1,058

?

?

?

Arizona

1,104,294

893,524

2,773

11,856

?

138

?

?

?

Arkansas

572,898

469,953

6,171

2,352

2,083

1,488

?

?

?

Calif.

5,509,826

6,745,485

19,218

50,165

26,645

40,771

?

?

?

Colorado

1,101,255

1,001,732

12,718

7,664

2,562

1,591

241

216

329

Conn.

693,826

857,488

12,969

3,367

1,543

9,564

12

?

?

Del.

171,660

200,152

2,153

586

289

250

tba

100

tba

D.C.

21,256

202,970

1,485

502

?

737

130

?

?

Florida

3,964,522

3,583,544

32,971

11,996

6,626

3,917

2,732

3,502

0

Georgia

1,914,254

1,366,149

2,231

18,387

580

228

?

?

?

Hawaii

194,191

231,708

0

1,377

0

1,737

0

0

0

Idaho

409,235

181,098

1,115

3,844

3,084

58

?

3

?

Illinois

2,346,608

2,891,989

3,559

32,452

435

240

?

?

?

Indiana

1,479,438

969,011

1,328

18,058

?

102

?

22

?

Iowa

751,957

741,898

5,973

2,992

1,304

1,141

373

?

176

Kansas

736,456

434,993

9,348

4,013

2,899

33

?

4

5

Kentucky

1,069,439

712,733

8,856

2,619

2,213

?

?

13

0

Louisiana

1,102,169

820,299

7,032

2,781

5,203

1,276

985

1,795

0

Maine

330,201

396,842

8,069

1,965

735

2,936

?

?

4

Maryland

1,024,703

1,334,493

11,854

6,094

3,421

3,632

?

?

?

Mass.

1,071,109

1,803,800

4,806

15,022

?

10,623

?

?

?

Michigan

2,313,746

2,479,183

24,035

10,552

4,980

5,325

?

1,431

?

Minn.

1,346,695

1,445,014

18,683

4,639

3,074

4,408

416

2

539

Miss.

672,660

457,766

3,175

1,793

1,758

1,073

1,599

?

?

Missouri

1,455,713

1,259,171

1,294

9,831

5,355

?

?

?

?

Montana

266,063

173,710

6,168

1,733

1,764

996

?

2

?

Nebraska

512,814

254,328

5,698

2,041

1,314

978

82

?

?

Nevada

418,690

397,190

4,838

3,176

1,152

853

0

0

0

N.
Hamp.

331,237

340,511

4,479

395

tba

tba

tba

tba

tba

N.
Jersey

1,670,003

1,911,430

19,418

4,514

2,750

1,807

530

664

575

N.
Mex.

376,930

370,942

4,053

2,382

771

1,226

0

0

0

N.
York

2,962,567

4,314,280

99,873

11,607

207

87

2,405

?

2

No.
Car.

1,961,166

1,525,849

1,805

11,731

?

108

?

348

?

No.
Dak.

196,651

111,052

3,756

851

514

?

?

?

?

Ohio

2,858,727

2,739,952

?

14,695

11,907

186

22

?

?

Okla.

959,792

503,966

0

0

0

0

0

0

0

Oregon

866,831

943,163

?

7,260

5,257

5,315

?

?

?

Penn.

2,793,847

2,938,095

2,656

21,185

6,318

6,319

?

?

?

R.I.

169,046

259,760

4,651

907

339

1,333

tba

tba

tba

S.Car.

937,974

661,699

5,520

3,608

5,317

1,488

0

2,124

0

S.Dak.

232,584

149,244

4,320

964

1,103

0

0

0

0

Tenn.

1,384,375

1,036,477

8,992

4,866

2,570

33

?

6

?

Texas

4,526,917

2,832,704

9,153

38,787

1,626

1,014

?

111

?

Utah

663,742

241,199

11,305

3,375

6,841

39

393

?

?

Vermont

121,180

184,067

4,494

1,102

tba

tba

244

tba

tba

Virginia

1,716,959

1,454,742

2,393

11,032

10,161

104

?

23

?

Wash.

1,304,894

1,510,201

23,283

11,955

3,922

2,974

547

?

231

W.Va.

423,778

326,541

4,063

1,405

82

5

?

?

?

Wisc.

1,478,120

1,489,504

16,390

6,464

871

2,661

411

471

?

Wyoming

167,629

70,776

2,741

1,171

631

?

?

?

?

Guam

21,490

11,781

196

67

0

0

0

0

0

TOTAL

62,049,400

59,039,116

463,831

397,367

144,292

119,852

11,122

10,834

1,861

Almost one-third of the
states still donít have official totals, so the numbers will continue to change.
"Tba" means "to be announced". "?" means the
candidate may have received write-in votes in that state, but no one will
ever know how many. This is because the candidate didnít file for write-in
status, or it means the state permits write-ins but wonít tally them. "0"
means the candidate wasnít on the ballot and no write-ins were allowed for
president this year (for instance, Florida permits write-ins, but since no
one filed as a write-in presidential candidate this year, Florida didnít print
write-in space on the ballot for president). The chart prints the name of
presidential candidates. In the case of the Socialist Workers Party, the chart
just says "SWP" (since that party had two presidential candidates
this year).

Candidates who were on
the ballot in at least one state, but who arenít on the chart, are: Peltier,
27,607 in Cal; Parker, 49 in Ca, 2 in Oh., 253 in R.I., 265 in Vt., 1,077
in Wa, total 1,644; Amondson, 378 in Co. & 1,566 in La., total 1,946;
Harens, 2,387 in Mn.; Jay, 946 in Ut.; Andress, 804 in Co.; Dodge, 140 in
Co.

TERRY
BAUM SETS A RECORD

Terry Baum, Green party
nominee for U.S. House in Californiaís 8th district, polled approximately
6,000 write-in votes, or 2.2% of the total vote cast. This is the best percentage
ever for a minor party write-in candidate for U.S. House. The previous record
had been 2.1% for a Prohibition Party write-in candidate in Californiaís 15th
district in 1932. That candidate, Errol Shour, polled 2.1%.

LIBERTARIAN
PARTY

Although the Libertarian
Party didnít elect any state legislators, it did win an important partisan
office in Georgia. Ben Brandon was elected County Executive of Dade County,
Georgia. Other than George Wallace carrying the state in 1968, this is almost
surely the first time a minor party has won a partisan election in Georgia
since 1898, when the Peoples Party won some seats in the state legislature.
Nationwide, the Libertarian candidates for U.S. House polled over 1,000,000
votes. The party has met this benchmark for three elections in a row now.
The next issue of B.A.N. will carry all minor party results for Congress
and Governor, and also a list of local office wins.

SOCIALIST
WORKERS ON IN DELAWARE

The Socialist Workers
Party is a qualified party in Delaware, for the first time in history. It
did this by registering more than 259 members (as shown on voter registration
records). This is the first time in history that any party with "Socialist"
or "Communist" in its name has qualified on the basis of its voter
registration strength. The party did not gain these registrants in time to
appear on this yearís ballot, but it will appear in future elections, assuming
its registrants remain registered with the party.

SUBSCRIBING
TO BAN WITH PAYPAL

If you use Paypal, you
can subscribe to B.A.N., or renew, with Paypal. If you use a credit
card in connection with Paypal, use ban@richardwinger.com.
If you donít use a credit card in conjunction with Paypal, use sub@richardwinger.com.